Defamation in Mexico

Rule of Law

Article 6. “The expression of ideas shall not be subject to any judicial or administrative investigation, unless it offends good morals, infringes the rights of others, incites to crime, or disturbs the public order.”

Article 7. “Freedom of writing and publishing writings on any subject is inviolable. No law or authority may establish censorship, require bonds from authors or printers, or restrict the freedom of printing, which shall be limited only by the respect due to private life, morals, and public peace. Under no circumstances may a printing press be sequestrated as the instrument of the offense.”

Mexico recently has overruled that defamation is to be considered a criminal offense. However this only applies to the federal level. Federal law is not supreme in Mexico, so in 9 states it is possible to be criminally tried for defamation. In each state, the punishment and rulings differ, but most states define defamation the following way:

“Defamation consists of communicating deceitfully, to one or more persons, the imputation that is made to another person or entity, in the cases set forth by law, of a true or false, determined or undetermined fact, which can cause dishonor, discredit, prejudice, or expose that person to the despise of someone.”

The Mexico civil code considered defamation to be a “moral damage” to one’s character and described as:

“adverse effect on a person’s feelings, affections, beliefs, dignity, honor, reputation, and privacy,”

In order to claim moral damages, plaintiffs must prove that the statement was unlawful and provide proof that the statement has caused damage to their life.

The code protects criticism and opinions that are protected by article 6 and 7 of the constitution

Impact on Journalists

If defamation is committed by the media, they have to publish a retraction for remedy that must be given the same prominence as the original story. In 2014, taking precedent from the US legal system, Mexico ruled that punitive damages can be sought for moral damages, the first time the country had included this type of remedy in its legal system.

While the law is meant to protect the honor of private individuals, politicians and public figures are using the broad language of this code to bring forth moral damage suits against journalists.

For example, in 2016 former governor Humberto Moreira was arrested in Spain for alleged corruption related to his position. Journalist Sergio Aguayo was sued after publishing a story 5 days after the arrest describing Moreira as “a politician that released the stench of corruption.”

While on paper, the press is granted rights to criticism and opinions, the way defamation laws have been interpreted continues to silence and intimidate journalists.

Helpful Tips

So when reporting in Mexico, depending on what state you are in, avoiding defamation can be tricky. Here are some tips to mitigate your risks:

• Truth is your best defense. While defamation charges can still be brought against you for damaging the character of someone, proving your statements to be true can turn things in your favor

• If you are being criminally charged for defamation in a state where it is a criminal offense, showing that the state’s law is not constitutional can be a good line of defense. Even though the federal law doesn’t supersede state, it is a strong argument in your favor.